HomeMy WebLinkAboutOrdinance - 9958-1996 - Southwestern Bell Amend Ordinance 9452 Longer Term - 12/12/1996First Reading
Item /J35A
December 12, 1996
Secid Reading
Ite #8
Dece her 19, 199
ORDINANCE NO. 9b58
AN ORDINANCE WHEREBY TIIE CITY OF LUBBOCK, TEXAS, 00
SOUTHWESTERN BELL TELEPHONE COMP ANY AGREE TO AMEND ORDlNANCE
NO. 9452 TO PROVIDE FOR A LONGER TERM AND TO ADD TERMINATION AND
OTHER PROVISIONS AS A RESULT OF THE CHANGES MADE BY THE PUBLIC
UTILITY REGULATORY ACT OF 1995, CODIFIED AS TEX. REV. CIV. STA'!l. ANN, ART.
1446C-O.
WHEREAS, the City of Lubbock, hereinafter referred to as the "CITY," adopted and
approved Ordinance No. 9452 on July 11, 1991, and amended by Ordinance No. 9477 on
September 26, 1991, and Ordinance No. 9940 on September 10, 1996; and i
I WHEREAS, TELEPHONE COMP ANY and the CITY desire to further exte~<l the term of
Ordinance No. 9452 as provided in this Ordinance; and. !
I
I
WHEREAS, it is to the mutual advantage of both the CITY and the TELEPHONE
COMP ANY that the term of Ordinance No. 9452 be extended; and
WHEREAS, it is recognized by the parties that provisions set forth in Ordinance No.
9452 may create legal issues with respect to the CITY's compliance with Section 3.2555 of the
Public Utility Regulatory Act of 1995 effective September 1, 1995, hereinafter referred to as the
"Revised PURA"; the parties agree and intend that this amendment to Ordinance No. 9452
constitutes an interim arrangement to accommodate the needs of the parties, pending negotiation
and adoption of a new ordinance specifically tailored to the requirements of the Revised PURA;
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK TIIAT:
Section 1. Section 4 of Ordinance No. 9452 entitled TERM is hereby amended to read as
follows:
This ordinance shall be in force and in effect from September 1, 1991, through
March 31, 1997. If the parties hereto shall enter into a new agreement and ordinance
prior to March 31, 1997, this ordinance shall become void and of no effect thereafter.
Section 2. Section 17 of Ordinance No. 9452 entitled FUTURE CONTINGENCY is
hereby amended to add the designation "(a)" before the existing paragraph of that Section and to
add paragraphs (b) and ( c) as set forth below:
(b) Both parties agree that the extension of this Ordinance is an interim arrangement
and is not intended to be used, and will not be cited or referred to by either party, as
evidence of what is in compliance with the requirements of Section 3.2555 of the Revised
PURA. TELEPHONE COMP ANY and CITY both hereby reserve all arguments and/or
positions as to the appropriate interpretation and application required by the Revised
PURA.
(c) The CITY agrees to provide written notice to the TELEPHONE COMPANY of
an original application or an agreement thereto, for a consent, franchise or permit with the
CITY for use of the RIGHTS-OF-WAY in the CITY for the provision of any
telecommunications service within ten ( l 0) days from receipt of such application.
Section 3. The TELEPHONE COMPANY shall have fifteen (15) days from and after the
passage and approval of this Ordinance to file its written acceptance hereof with the City
Secretary, and upon such acceptance being filed, this Ordinance shall take effect and be in force
as of January 1, 1997.
AND IT IS SO ORDERED.
Passed by City Council on first reading this 12th day of December, 1996.
Passed by City Council on second reading this 19th day of December, 1996.
ATTEST:
APPROVED AS TO FORM:
DGV: da\ccdocs\swb.ord
December 6, 1996
t City Manager
2
~-355~ RECEIVED
I
ORDINANCE NO.HU APR O 3 1997
AN ORDINANCE ABI\NOONING ' CITY SECRETARY
LUBBOCK. TEXAS
AND CLOSING PORTIONS OF
JRD STREET LOCATED ADJ"'· CENT TO LOT t, !!LOCK I, WIL• LIAM TUBBS ADDITION TO THE
CITY OF LUBBOCK, LUBBOCK
COUNTY,TEXAS, ANO MORE
PARTICULARLY DESCIUBEO IN 1--1,,~=i-='-------,"""----..,,.'°""..a
THE BODY OF THIS OROI•
NANCE1 DIRECTING THE CITY
ENGINEER TO MARK THE OF•
FICIAL MAPS OF THE CITY TO
REFLECT SAID I\BANDO"· MENT AND CLOSING/ PROVIO•
ING A SAVINGS CLAUSE; I\NO PROVIDING FOR PUBLICA·
TION,
ORDINANCE NO.HU
AN ORDINANCE ABIINDON·
ING ANO CLOSING A TEMPO• RARY WORKING EIISEMENT
LOCATED IN SECTION 17,
BLOCK E,2, LUBBOCK, LUB•
BOCK COU .. TY, TEXAS, AS RE•
CORDED IN VOLUME 5134,
PAGE Jn OF THE OFFICIAL
REAL PROPERTY RECORDS OF
LUBBOCK COUNTY, TEXAS,
AND MORE PARTICULARLY
DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK
THE OFFICIAL MAPS 01" TIIE
C ITV TO REFLECT SAID ABAN·
OONMENT ANO CLOSING; rRO-
VIDING A SAVINGS CI .... USF.;
AND PROVIDING FOR PUBLIC/I·
TION. •
OilOINANCI! NO, '9$d
AN ORDINANCE CREATING
AN EXCEPTION TO SECTIO" 24•29 OF THE CODE OF OROI· NANCE$ OF THE CITY OF LUB•
BOCtc: BY CHANGING TIIE NAME OF A PORTION OF IIVI!·
NUE H BETWEEN MUNICIPAL
DRIVE ANO ITS INTERSECTION
WITH 1-27 AT 24TH STREET: 01· RECTING THE CITY ENGINEeR
TO REVISE THE OFFICl"'L ,_.I\P
OF THE CITY ANO THE MIIP
FOR STRf:ET NAMING TO RE•
NOTARY PUBLIC in and for the State of Texas
My Commission Expires .................. ___ _
ation Corporation
::,m to before me thi,.,_g _ ____,:Jl;K..--.....!day of Apn I
PATTITATE
Notary Pubtic, State ol Texas
My Commission Expires
7-05-2000
FLECT SUCH CtlANGE; RE• ----QUIRING THE BUILDING Ol"FI· l-------------------------------------------1-----
C IAL TO NOTIFY ALL GOVE' RN•
MENTAL AGENC.IES J.ND ALL
BUSINESSES AND RUIOENCJ'!S
HAVING A MAILING ADDRESS
UPON SAID STREET OF THE
NAME CHANGE: A>IO REOUIR·
ING THE CITY TR.,.FFIC ENGi• NEERTOINSTALLNEW
STREET NAME SIGNS TO RE• FLECT THE NAME CIIA~lGE.
ORDINANCE NO. Hll
AN ORDINANCE WHEREBY
THE CITT OF LUBBOCK, 1 EX·
AS, AND SOUTHWE5TER NB HL
TEI.EPHONE COMPANY llGR EE
TO AMEND ORDINANCE NO.
t4U TO PROVIDE FOR A LON0• 1 Eil TERM AHO TO ADO TERMI•
NATION AND OTHER PROVI•
SIONS AJA RESULT OF THE
CHANGES MADE BY THE PUB· LIC UTILITY REGU LIi TORT
ACT OF nu. CODIFIED AS
TEX.REV.CIV.STAT.llNN.ART.H
~•c-o.
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